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andrew1

How do you sue a Court Judge?

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I had a hearing for a case which was without doubt going to go to appeal, but was dependent on the Heath case coming up in October. My hearing was booked for 8th and 9th June so we applied for a short hearing of half an hour during the week before hand to apply for a adjournment of our 2 day hearing until after the Heath case appeal had been heard to save costs.

 

I used a barrister and it cost me £400 + vat for his time and the paperwork - £460 in all.

 

When we arrived at court 10 am hearing, the court clerk came out into the lobby and said the Claimants paperwork had not been seen. This was a repossession hearing upon which I had counter-claimed on a multiple agreement issue and had already been heard in County Court and was referred to a Circuit Judge to hear at a case management hearing. At that time we were unaware of the Heath case, but as time dragged it became apparent that my case and Heath were similar so my barrister said there was no point in spending 2 days in a hearing just to rely upon a case which had already had a higher authority ruling at a previous appeal, it was now going to High Court therefore it made sense to adjourn mine.

 

Anyway, we were called into court, the Judge came out and he barked at my barrister - " What do you want me to do?" - Barrister - " Well your honour" Judge - " This is a straight forward repossession case so application denied - appeal if you like. What about costs? (speaking to Claimants barrister)

"We'll rely upon our security your honour"

 

That was it!

 

It was a damned disgrace and lasted all of 2-3 minutes, we had booked half an hour, the judge wasn't at all interested and obviously wasn't in the slightest interested in Heath or anything else and therefore we had to go through the 2 day court hearing the following week only to have the Judge put a stay on the repossession until after the Heath case, granted leave to appeal, which is what we'd been trying to achieve in the first application and that was that.

 

Now I would like to ask for the £460 back as this Judge was totally out of order.....the Judge should pay it in my opinion...

 

Anyone any idea of how I go about claiming it? This was fee's to my barrister, not court costs.

 

A1


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Andrew,

 

Unfortunately your Judge enjoys immunity from suit.

 

x20

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Hi X20, welcome back and thank you for your previous advice which went extremely well ;)

 

Is there no possibility I can ask the court to listen to the transcript of this 2-3 minutes and get me paid back for this? Everyone there was gob smacked - I didn't actually mean 'sue' the judge, as I was unsure of how to go about this, but everything about this was wrong, it was as if he was irritated at being disturbed from his morning coffee. £460 is a hell of a lot of money to have this kind of arrogance, ignorance and plain indifference flouted about especially as we were there to ask for the saving of costs and court time. Is there some kind of complaints procedure for a Judge or are they so high and mighty as to be exempt in toto?

 

I was, to say the least - cross

 

A1


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Hi X20, welcome back and thank you for your previous advice which went extremely well ;)

 

Is there no possibility I can ask the court to listen to the transcript of this 2-3 minutes and get me paid back for this? Everyone there was gob smacked - I didn't actually mean 'sue' the judge, as I was unsure of how to go about this, but everything about this was wrong, it was as if he was irritated at being disturbed from his morning coffee. £460 is a hell of a lot of money to have this kind of arrogance, ignorance and plain indifference flouted about especially as we were there to ask for the saving of costs and court time. Is there some kind of complaints procedure for a Judge or are they so high and mighty as to be exempt in toto?

 

I was, to say the least - cross

 

A1

 

Hi A1

 

Sorry to hear you had an a**hole for a judge. :mad:

 

I'm no expert and not too sure about this, but maybe you could ask for a Judicial Review?

 

Cheers and good luck with it

Rob

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I'm afraid there isn't. Even if the judiciary could not hide behind their immunity, the conduct which is being challenged is the length of time the Judge gave to your case and/or the result. You are not entitled to a specific number of minutes audience. The Judge controls the proceedings before him. If the decision was incorrect the system offers the remedy of an appeal whereby the correctness of the decision may be reviewed and if found 'bad' overruled. These things have nothing to do with the brief fee or private arrangements regarding legal representation.

 

The only time legal expenses will be recoverable is where arrangements for the control of judicial business has been cocked up so miserably that expense was incurred wastefully. Actually there is another and that is where a Judge dies mid-trial. That happened to me once. But apart from that kind of situation I think you're up a gum tree. I would assess your prospects of getting £460.00 out of the Lord Chancellors Department, Ministry of Justice or whoever presently deals with this sort of thing as zero.

 

You may complain about a Judge but I wouldn't dare until after the case has been finally decided with no pending appeals.

 

This is not something which might be the subject of judicial review proceedings.

 

x20

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Anyway, we were called into court, the Judge came out and he barked at my barrister - " What do you want me to do?" - Barrister - " Well your honour" Judge - " This is a straight forward repossession case so application denied - appeal if you like. What about costs? (speaking to Claimants barrister)

"We'll rely upon our security your honour"

 

That was it!

 

 

And they call this 'justice'!! :eek::eek: I feel for you andrew, I really do.

 

However when you see the reported advice that some CAGers have been given recently by barristers regarding their credit agreements etc, is it any wonder that we get judges like this? They are, after all, the pool for our judges of the future so it seems nothing is going to change much anytime soon & justice will remain a lottery of DJ allocation. :mad:

 

Let's hope your appeal judge doesn't get upset by cold coffee...


Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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And they call this 'justice'!! :eek::eek: I feel for you andrew, I really do.

 

However when you see the reported advice that some CAGers have been given recently by barristers regarding their credit agreements etc, is it any wonder that we get judges like this? They are, after all, the pool for our judges of the future so it seems nothing is going to change much anytime soon & justice will remain a lottery of DJ allocation. :mad:

 

Let's hope your appeal judge doesn't get upset by cold coffee...

 

 

Thanks FG & X20 if I'd have thought for one moment that was going to happen I would have gone LIP and on my own - would have cost me zilch, but I have learned through experience on my own account and countless others who try that LIP's never do particularly well. Even my barrister was literally speechless and apologised profusely to me once he'd got his breath back. There were 8 young law students asked if they could come and watch, they'd hardly sat down...stunned they were.

 

This Judge needs firing, he was an ignorant twit and that is not what the court was for, if I'd appealed as he blagged about then that would be more fees, what the hell was I needing his advice/judgement for then?

 

I'll wait until I've got the other one bagged first, but thanks. I just cannot stand the injustice meted out by companies and people in supposed authority within whom we are supposed to respect. You earn respect you don't bark and expect to get it. :evil:


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http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

A click on the scales below is appreciated if my posts were helpful

Do not regard my postings or suggestions as professional advice. If in doubt seek a professional opinion.

 

PLEASE DONATE IF SUCCESSFUL - Every little helps :)

 

PLEASE, Do not Private Message me with basic questions, start your own thread and PM a link if you wish, but I will not be able to respond to all individual questions as I am very busy on numerous other things and anyway, others cannot learn from PM's. It also stifles contributions from the vast talent base this site offers from it's contributors and I'm not all that clever really! :D Thank you.

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Shocking A1

 

Absolute shocker...my guess is that there'll be a lot more of this to come. The natural allegiance of the District Judges is with their fellow professionals, their chambers (and colleagues) in the case of Deputy District Judges and their very rich corporate clients.

 

We are all but stuffed if we can't rely on the courts doing their job.


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